Opinion
February 25, 1999
Appeal from the Supreme Court, New York County [Carol Arber, J.].
Deferring to the Trial Officer's credibility determinations, substantial evidence supports the findings that petitioner falsely claimed and secured overtime pay through the filing of false or misleading overtime records, including overtime pay for time spent commuting. The latter finding is not undermined by the finding that petitioner was authorized to clock in and out at a place other than his work site, or by the Fair Labor Standards Act. The penalty of dismissal does not shock our sense of fairness given what was systematic dishonesty, misrepresentation and falsification of records.
Concur — Sullivan, J. P., Nardelli, Wallach and Tom, JJ.